My ex-wife has is remarried to a very wealthy new spouse so she has decided to stop working. I pay child support to her, which she is wanting to substantially increase despite her being financially well off.
I understand that her income from work can be imputed for child support calculations. What else can be considered as income? Does the fact that her new husband completely supports her play a factor?
First, let me preface my answer by stating that I am not licensed to practice law in the state of Kentucky. The information in the article is general in nature. You should contact an attorney in your jurisdiction immediately to discuss your options.
You are correct; your wife’s prior level of income can be imputed to her. Most states will impute income to someone who is voluntarily under- or unemployed. An imputation of income will be based on her prior earning ability or her projected earning ability based on her education level.
Generally, a stepparent has no obligation to support children from outside the marriage. The law generally recognizes that children should be supported by their biological parents.
However, more states are beginning to recognize the impact a second family has on child support obligations. For example, in Ohio disparity in income between parties or households is in consideration when requesting a deviation or adjustment to the child support amount, outside the state guidelines.
You should contact an attorney who is licensed in Kentucky to further discuss the specifics of your situation and how the laws of Kentucky will apply to your case. Cordell & Cordell does represent clients in Kentucky.
Jill A. Duffy is an Associate Attorney in the Troy, Mich., office of Cordell & Cordell. She is licensed to practice in the state of Michigan. Ms. Duffy received her BA in Psychology and Spanish and graduated Magna Cum Laude from Oakland University. She received her Juris Doctor from Michigan State University College of Law and graduated Magna Cum Laude.